110 WORCESTER COUNTY HORTICULTURAL SOCIETY. [1892. 



took paper, drew up a bond for him to sign, stipulating that as 

 long as the property remained in his possession, or that of his 

 family, that "Old Oak" should never be disturbed. 



That this feeling of veneration for these noble road-side trees 

 has not died out, is evinced by the interest taken by those 

 lovers of trees, who have been instrumental in securing a legis- 

 lative enactment for the preservation of road-side trees in this 

 State. 



The law as it now stands is as follows : — 



"Chapter 196 of the Acts of 1890, as amended by chapter 49 of 

 the Acts of 1891. 



" Section 1. The mayor aud aldermen of the cities and the select- 

 men of the towns within the Commonwealth are hereby authorized 

 to designate and preserve, as hereinafter provided in this act, trees 

 within the limits of the highways for the purposes of ornament and 

 shade ; and to so designate not less than one such tree in every thirty- 

 three feet where such trees are growing and are of a diameter of one 

 inch or more. 



" Sect. 2. Said mayor and aldermen and selectmen shall, between 

 the first day of September and the thirty-first day of December in 

 each year, designate such trees as are selected by them for the pur- 

 l)Oses set forth in this act by driving into the same, at a point not 

 jess than four nor more than six feet from the ground and on the side 

 towards the centre of the highway, a nail or spike with a head with 

 the letter M plainly impressed upon it ; said nails and spikes to be 

 procui-ed and furnished by the secretary of the state board of agricul- 

 ture to said mayor and aldermen and selectmen as required by them 

 for the purposes of this act. Said mayor and aldermen and select- 

 men, between the first day of September and the thirty-first day of 

 December of each succeeding year, shall renew such of said nails and 

 spikes as shall have been destroyed or defaced ; and shall also desig- 

 nate, in the same manner as hereinbefore stated, such other trees as 

 in their judgment should be so designated to carry out the require- 

 ments of this act. 



" Sect. 3. Whoever wantonly injures, defaces or destroys any tree 

 thus designated, or any of said nails or spikes affixed to such trees, 

 shall forfeit not less than five nor more than one hundred dollars, to 

 be recovered by complaint, one-half to the complainant and one-half 

 to the use of the town wherein the offence was committed. 



" Sect. 4. This act shall not apply to ornamental or shade trees 



